Contract
EXHIBIT 10.3
*** Indicates material has been omitted pursuant to a Confidential Treatment Request filed with the Securities and Exchange Commission. A complete copy of this agreement has been filed separately with the Securities and Exchange Commission.
AMENDMENT NO. #02
EFFECTIVE JANUARY 20, 2010
TO
FOR
TXU ENERGY’S
2009 iTHERMOSTAT PROGRAM
AN INTERNET BASED LOAD MANAGEMENT SYSTEM
WITH
ZIGBEE HOME AREA NETWORK
BY AND BETWEEN
COMVERGE INC.
AND
TXU ENERGY RETAIL COMPANY LLC
DATED APRIL 15, 2009
CONTRACT NO. C 0600559 C
Redacted Agreement
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AMENDMENT NO. #02
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The Effective Date of the Amendment is January 20, 2010
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EFFECTIVE DATE
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This Amendment modifies, alters or changes specific terms and conditions of Contract No. C 0600559 C (“Agreement”) that exists between the parties hereto. Except as modified in this Amendment or previous amendments, the Agreement will remain in full force and effect.
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PURPOSE
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The Agreement is modified as follows:
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MODIFICATIONS
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•А new Article titled “Policies Regarding Work Site Safety, Security, Alcohol, Drugs and Weapons” is hereby inserted into the Agreement after the Article titled “Representatives”:
PROFESSIONAL will obtain from COMPANY’s Contract Coordinator prior to commencing Services the specific Work Site Safety, Security and other related rules and procedures, if any, applicable to the particular job or Work Site. Those specific rules and procedures are incorporated fully into this Agreement by this reference and Attachment 7 “Policies Regarding Work Site Safety, Security, Alcohol, Drugs and Weapons”.
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POLICIES REGARDING WORK SITE SAFETY, SECURITY, ALCOHOL, DRUGS AND WEAPONS
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• Section 3 “Professional Services” of Attachment 1 Statement of Work is deleted in its entirety and replaced with the following:
З. PROFESSIONAL SERVICES
SCHEDULING, CUSTOMER CARE CALL CENTER AND
PROGRAM MANAGEMENT SERVICES
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COMPANY Responsibilities:
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CONTRACTOR Responsibilities:
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CONTRACTOR CSM/CSR Responsibilities:
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PRICING:
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Scheduling and Call Center Services
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BIS License & Hosting Services
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• The following attachment is incorporated into this Amendment:
7. Policies Regarding Work Site Safety, Security, Alcohol,
Drugs and Weapons
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PROFESSIONAL SERVICES
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ATTACHMENT 7
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AMENDMENT NO. #02
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The parties have signed this Amendment acknowledging their agreement to its provisions as of the Effective Date.
Comverge Inc. TXU Energy Retail Company LLC
By: /s/ Xx Xxxxxx By: /s/ Xxxx Xxxxx
Name: Xx Xxxxxx Name: Xxxx Xxxxx
Title: COO Title: VP Innovation
Date: 1/29/10 Date: 2/1/10
